Decision 1534E – Colton Joint Unified School District * * * OVERRULED IN PART by Culver City Employees Association v. City of Culver City (2020) PERB Decision No. 2731-M
LA-CE-4411-E
Decision Date: June 23, 2003
Decision Type: PERB Decision
OVERRULED IN PART by Culver City Employees Association v. City of Culver City (2020) PERB Decision No. 2731-M
Description: The Board dismissed the unfair practice charge, which alleged the District discriminated against employee for protected activity.
Disposition: Dismissed. No nexus established between protected activity and adverse action where alleged adverse action occurred prior in time to protected activity.
Perc Vol: 27
Perc Index: 94
Decision Headnotes
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
* * * OVERRULED IN PART ON OTHER GROUNDS by City of Culver City (2020) PERB Decision No. 2731-M. * * *
The meet and confer obligation is dormant while parties are participating in the impasse procedures.
608.01000 – In General
* * * OVERRULED IN PART by City of Culver City (2020) PERB Decision No. 2731-M, where the Board held that a contractual waiver expires with the contract unless the parties have clearly and unmistakably agreed that it continues past the contract expiration. * * *
No unilateral change where employer actions are consistent with a previously unenforced provision of the collective bargaining agreement.
504.04000 – Timing of Action
* * * OVERRULED IN PART ON OTHER GROUNDS by City of Culver City (2020) PERB Decision No. 2731-M. * * *
Charging party failed to establish nexus between protected activity and adverse action where alleged adverse action occurred prior in time to protected activity.
602.06000 – Change in Past Practice
* * * OVERRULED IN PART by City of Culver City (2020) PERB Decision No. 2731-M, where the Board held that a contractual waiver expires with the contract unless the parties have clearly and unmistakably agreed that it continues past the contract expiration. * * *
No unilateral change where employer actions are consistent with a previously unenforced provision of the collective bargaining agreement.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
* * * OVERRULED IN PART by City of Culver City (2020) PERB Decision No. 2731-M, where the Board held that a contractual waiver expires with the contract unless the parties have clearly and unmistakably agreed that it continues past the contract expiration. * * *
No unilateral change where employer actions are consistent with a previously unenforced provision of the collective bargaining agreement.